The Research On Large Retailing Industry'Competition Law Problem

The retailing industry is the most active trade in market economy. It's a symbol of powerful and prosperous that there are strong retailers in a country..With the concentration of retailing industry, there are many large retailing enterprises.The large retailing industry promotes the consumers'welfare and has a very big function towards promoting business competition on some degree. However, along with the further development of market economy ,CHINA has been a member of WTO.We have to promise to make retailing industry open to all foreigners.The problem of anticompetitive in the large retailing industry gradually come into view. The big retailing corporations use the money of small manufacturers who is inferior in the competition depending on their adundant funds over a long period.So the relationship between them deteriorated, and causing the depravation of supply and marketing relation, the benefits relation, The focus is slotting fees.At the same time,the competition between those large retailing enterprises are excessive. The main performance is the big stores concentrate too much and some enterprises monopolize excellent store address resources.On the competitive environment of open, strong foreign retailing enterprises and developing big retailing chain stores at home bring heavy pressure to bear on small native retailing stores and threaten their existence and development.The market dominating position of large retailing enterprises may influence the welfare of consumers too.Large retailing enterprises are the enterprises which have strong buyer power typically. The behavior which they collect high slotting fees by force deviate from the target of competition law and should be adjusted by law.Because collecting slotting fees by force don't comform to the constitutive requirement of commercial bribery it isn't commercial bribery.In fact it is the behavior of misusing market dominating position and should be regulated by antitrust law.There are some legal problems about retailing industry in our country,such as: the low class of law construction,too many administrators, managing confusion, low clarity,lack of supervision and ect, During constructing large retailing industry law system we should explicit the government's role,;strengthen commercial lawmaking, draw up to unified rule, and standardize the contract between retailing enterprises and manufacturers, perfect market competition law, draw up《the big store business law》, strengthen a tax law control;support the system of administrative hearing,exert the function of professional association;regulate the foreign large retailing enterprises.